Monday, Jun 02, 2014 at 08:57
This issue is an old chestnut that seemingly rolls around everything so often…usually when someone’s father, mother, brother, sister is caught speeding…
This and prior threads revolve around the themes of using common sense, over policing, revenue raising to name but a few. And somehow police, most of whom are committed individuals, are frequently blamed for doing no more than what they are asked to do by the public – enforce laws.
So let’s stop blaming them and if you don’t like the laws head to your local politician not the local policeman to air you views.
The law is black and white for a very real reason, it leaves no
grey area that needs to be interpreted. They are constructed in such a way that you are either abiding by them or you are breaking them. If it was left open for the general public to put their own interpretation or spin on road rules it would be a mess out there - giving rise to a whole new raft of complaints about policing, or lack of it!
Much is said about a common sense approach by the driving public and the police who enforce road rules. But what does common sense actually mean when it comes to applying it to road rules?
I'm betting everyone’s interpretation of what is sensible will be different - are we happy with that?
Besides I tend to find the common sense defence is applied when it suits someone’s own purposes and if it doesn’t they will do what they like anyway and justify why they did it later.
Is that what is meant by common sense?
And I notice much has been made (again) of the need to break the speed limit in order to safely pass a vehicle. The justification being a lessening of time spent on the wrong side of the road or the need to get back on the right side because a vehicle is approaching in the opposite direction.
This argument is flawed to the extent that if you can’t pass the vehicle at the posted speed limit within the distance available and without speeding, then it shouldn’t have been attempted in the first place.
For whatever reason there will always be someone on our roads that will be doing slightly less than the speed limit and there will always be someone justifying that it is reasonable to breach the limit in order to pass. I suspect it wouldn’t matter what the posted maximum limit was, be it 80kph or 150kph, the complaint would still be the same and there'd still be threads like this appearing.
And here is the crunch as I see it – it isn’t about a lack of common sense being applied by the perpetrators or the enforcers; it isn’t about poorly designed rules, after all surely we need road rules, for my mind it is about a lack of patience by far too many drivers
on the road today…
Time poor people can tend to justify anything they do in the name of "saving time".
But even patience is something that will be open to interpretation. How much should we display before "common sense" is exercised, and are we happy that the next bloke
on the road has a good handle on what is common sense, and how patient is he (or she!).
Yep, all very subjective and that is why we are stuck with black and white road rules for which there is no minimum or maximum degree of compliance. A breach, is a breach with consequences attached, usually a hit to the back pocket...
Infringing gazetted laws is a bit like pregnancy – you either are or you aren’t...
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Follow Up By: Hairy (NT) - Monday, Jun 02, 2014 at 10:32
Monday, Jun 02, 2014 at 10:32
Gday Landy,
I agree with some of what you say but certainly not all.
You say "law is black and white for a very real reason, it leaves no
grey area that needs to be interpreted." True......there is no
grey area in the law but there should be in the policing of it.
Laws are made so they can be used when necessary and going out targeting people accidently and slightly breaching these laws isn't what Id call necessary? If its not dangerous or intentional what's wrong with police officers showing a bit of digression ?
With all the technology these days , police do background checks on drivers (and if they don't, maybe they should), and if they have a good driving record and not a serial speeder it should be taken into account as it was purely human error.
As long as you have different vehicles travelling at different speeds people will feel the need to overtake.
Id be in interested to see how many safe overtaking road train areas there are around the country following your rules or should all vehicles be speed limited to a a safe speed for all road users ,probably something around 60 kmh should do it.
Maybe all vehicles could be fitted with GPS tracking...........they could outlaw cruise control, to make a bit more room for human error and the Gov could automatically withdraw money from your account if you creep over the limit?
No tolerance with things like this when you have a human element is just ridiculous.
Do you honestly believe that a few kmh over the speed limit while overtaking increases the danger enough to warrant a fine? I don't.
I personally have a lot of respect for coppers and understand they are directed to target certain offences for whatever reason, Id just like to see a bit of the human element come back into policing.....not a quota system.
Cheers
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Follow Up By: SDG - Monday, Jun 02, 2014 at 12:07
Monday, Jun 02, 2014 at 12:07
Yeah patience and common sense are gone.
Sure a couple of k's over is nothing.
The other day when travelling to my parents place at The Rock, I and a few others got caught behind something sitting on around 95. Bucketing down with rain, limited visibility.
What got me was the amount of cars that decided it was time to overtake. Including those several cars behind me. These actually got in front of the slow vehicle about half a half dozen vehicles in front of me. Going a bit more than a couple of k's over.
Personally I was more prepared for the accident that may or may not have happened. Many of the oncoming vehicles through lack of visibility could not be seen until they were close.
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Follow Up By: Hairy (NT) - Monday, Jun 02, 2014 at 12:12
Monday, Jun 02, 2014 at 12:12
That's what the laws are for........book the ones who overtook dangerously for driving dangerously.....not speeding.
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Follow Up By: The Landy - Monday, Jun 02, 2014 at 12:58
Monday, Jun 02, 2014 at 12:58
I can’t really add to what I have said already on this particular issue as I gave it some thought in the first place.
But as I said earlier, laws are black and white with very good reason – you are either compliant or breaking them and there should be no room for interpretation. Police are employed to enforce laws, not interpret what our parliaments have laid down as law…
Society puts itself on a slippery slope when it effectively empowers our police agencies to interpret laws, thus elevating them to the powerful position of enforcer, judge, and jury. And that is what is at stake here, even though it might seem trivial to be issued an infringement for breaking the law “just a tiny bit”.
But crikey, that is another discussion altogether, and one which I will leave to others to debate...
If the laws do not reflect what the general
population wants, communicate that with your elected representative.
And if you have been let off for a breach of the law by a highway patrol officer then hopefully you came away with the correct message.
But let’s hope it doesn’t re-enforce a belief that breaking laws, whatever they are, is okay. Humans being what they are will constantly push the boundaries, and eventually someone pays, and if they are lucky it will be with their wallet and not with their life…
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Follow Up By: Hairy (NT) - Monday, Jun 02, 2014 at 13:10
Monday, Jun 02, 2014 at 13:10
If laws are expected to be followed precisely with no acceptations they should at least be written in a way that makes this possible.
Cheers
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Follow Up By: TTTSA - Monday, Jun 02, 2014 at 17:33
Monday, Jun 02, 2014 at 17:33
Hairy, they are. When you see a speed sign that shows 100. That means it is the MAXIMUM speed you are allowed to travel at. That is very precise, I don't see a * on the sign which may mean check the website for "terms and conditions". That 100 means exactly what it says with NO exceptions.
I don't see the confusion there or misunderstanding of what that road sign means!
Cheers
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Follow Up By: bigden - Monday, Jun 02, 2014 at 17:49
Monday, Jun 02, 2014 at 17:49
i have to agree with tttsa .and someone posted earlier about getting booked 1-3 ks over. that just doesnt happen. you are given nearly 10% for error . if your fine says 105kph, your actual speed is 110kph or more. its written on your ticket, i know ,ive had them.
when i have got booked its my fault , no one elses. not the police or the politicians or the road authorites
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Follow Up By: Bigfish - Monday, Jun 02, 2014 at 18:42
Monday, Jun 02, 2014 at 18:42
You are so wrong bigden. Got a mate who has a ticket for 103. Qld cops have been instructed to enforce a zero tolerance. Publicly stated in newspapers and on local news............Car manufacturers have a 10% tolerance in their speedos!!!
Ride a motorbike in qld and experience total harassment from the cops because of newmans VLAD laws which are an absolute crock....
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Follow Up By: Les PK Ranger - Monday, Jun 02, 2014 at 18:57
Monday, Jun 02, 2014 at 18:57
Tolerances. Believe it Bigfish, it started with
Victoria lowering theirs to anything over posted (ie 61 in a 60 zone, 101 in a 100, etc), they can and will book you . . . but not a copper of course, only the cold, inhuman speed camera, be it fixed or mobile.
SA followed a year or so after
Victoria, and at the same time, we had a heap of perfectly safe 60 zones drop to 50.
I'm sure given time and thread views, a few here would pipe up to being booked for under 5km/hr over a posted limit, if you google it (speed tolerance fine) you find plenty on Whirlpool and other motoring forums.
Here's an news article (looks like QLD has joined the party) and one Whirlpool thread.
http://www.couriermail.com.au/news/opinion/lowering-tolerance-margins-on-speeding-offences-nets-queensland-police-8m-in-extra-revenue/story-fnihsr9v-1226746339957
http://forums.whirlpool.net.au/archive/2116010
I'm sure searching for some other keywords would yield lots of other examples.
Yes, there's very little speedo error nowadays in modern cars, and if there is, it's usually in the motorists favour (ie speedo say 60, you are actually doing a few ks less) . . . I always drive to my GPS speed and know what this is on my vehicle speedo.
Remember, if you upgrade your wheels to larger rolling dia, you will need to check against a GPS as you may eliminate the error, or you may be going the other way, and doing 60 when you show say 57 or whatever . . . that could get expensive !
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Follow Up By: bigden - Monday, Jun 02, 2014 at 19:40
Monday, Jun 02, 2014 at 19:40
i got a ticket in the wifes car a month or 2 ago (
victoria) it listed actual speed ,110kph and the fined speed, 104kph.
almost every car reads under actual speed so i probably had 111-112 on the speedo. no ones fault but mine
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Follow Up By: Hairy (NT) - Monday, Jun 02, 2014 at 19:55
Monday, Jun 02, 2014 at 19:55
Its all knit picking bullshit or commonly known as revenue raising in my opinion..........making manufactures falsely calibrate speedos is a bit like setting your alarm clock 5mins early!
If it was fine to drive an FB Holden at 110kmh surely its safe enough to drive a new Commodore with the new tyres, brakes , bitumen surfaces signage etc etc etc ......at 112?
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Follow Up By: bigden - Monday, Jun 02, 2014 at 20:32
Monday, Jun 02, 2014 at 20:32
hairy, that would of been 68mph in an fb :) :)
that would of been flat out in the one i had
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Follow Up By: Member - Rosss - Monday, Jun 02, 2014 at 22:12
Monday, Jun 02, 2014 at 22:12
That would have been downright scary in the one I had.
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Follow Up By: Bazooka - Thursday, Jun 05, 2014 at 01:02
Thursday, Jun 05, 2014 at 01:02
Can't agree on the black and white comment Landy. Yes you have to cop it if you transgress (a rear light globe pops at night and you drive home unaware - there are hundreds of possible examples) but there are many occasions when a technical infringement is meaningless from a road safety or inconvenience to others perspective, which is essentially what road laws are for. For example after checking there are no oncoming vehicles I put my wheels over an unbroken centreline for a short distance to give a parked car more leeway or because I've spotted an animal on the side of the road. A following cop could book me or he could listen to the reason I provide and make a fair judgement. As I said to Idler above it seems as though at least one senior policeman agrees with me. The fact that police are given discretion within limits also says to me that community standards expect common sense application of the law. And by community I mean lawmakers, courts, police and the public together. In my bicycle example above would the police charge you with trespass and theft? Almost certainly not as long as you didn't break and enter.
Laws are generally black and white (not always as we know) but their interpretation isn't and I'd argue that community expectations would suggest that policing should also have a degree of discretion (which brings its own set of problems of course).
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